Comment by canadiantim
6 hours ago
If you want to understand why Alberta is holding a referendum on whether they should hold another separate legally-binding referendum in the future, you have to look at the recent court case where a judge in Alberta ruled that one of the two main petitions wasn’t allowed to proceed (The one that specifically called for a legally-binding referendum). The judges stated reason is that First Nations were not adequately consulted (interesting how this never came up in the Quebec referendums). As a result, the premier of Alberta suggested that until they appeal that court case that they cannot have a legally binding referendum. As such, for now, all they cannot do is a non-legally binding referendum on whether they should hold a legally binding referendum once they court case becomes resolved.
>interesting how this never came up in the Quebec referendums
It did come up. It's referenced in the Supreme Court of Canada case on secession. https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/1643/in...
"Consistent with this long tradition of respect for minorities, which is at least as old as Canada itself, the framers of the Constitution Act, 1982 included in s. 35 explicit protection for existing aboriginal and treaty rights, and in s. 25, a non-derogation clause in favour of the rights of aboriginal peoples. The "promise" of s. 35, as it was termed in R. v. Sparrow, [1990] 1 S.C.R. 1075, at p. 1083, recognized not only the ancient occupation of land by aboriginal peoples, but their contribution to the building of Canada, and the special commitments made to them by successive governments. The protection of these rights, so recently and arduously achieved, whether looked at in their own right or as part of the larger concern with minorities, reflects an important underlying constitutional value."
Why not just wait until the court case is resolved?
It might take years. Once it's solved, Smith, Trump and the americans financing this BS might be gone.
95% of Alberta is unceded First Nations land. It is not a valid country without it - without the consent of the relevant First Nations, a separated Alberta would be a few municipalities enveloped by... Canada.
This is not a concern in Quebec, because the overwhelming majority of it is ceded land.
If ducks had two wheels, they'd be bicycles, and if there was anything in common between the two provinces, you might have a point.
As far as I know, First Nations lands in Alberta are indeed ''ceded'' under Treaties 6, 7, and 8 with the Crown. British Columbia is a province with a huge proportion of unceded land, but not Alberta.
The treaties with the crown require the crown consult with them before adjusting them. This means that Albertan secession can't happen without their consent, as it would by definition, completely and unilaterally adjust the terms of those treaties.
The treaties were made in perpetuity, and if you are going to not hold up the crown's end of the promises, the FN's side - giving the crown and Alberta governance over the land - needs to be reverted as well.
Contracts require both sides to adhere to them.
2 replies →
So because Quebec ancestors killed all the people who opposed the conquest of that land, it's okay for Quebec to secede? But because another set of Canadians didn't kill off all the natives that still claimed Alberta's land, they can't secede legally? Is that the logic?
Wow, I'm not sure where you're going with that. Read up on the ''Brandy Parlit'' debates and you'll see that genocide of indigenous people was never at play in early Quebec. The relationship between European colonists in New France/Lower Canada/Quebec and First Nations has always been frought, but not genocidal.
quebec is on treaty land.
you might want to do some amount of research before accusing the french ...
who by far out of the colonial powers had the best relationship with indigenous people in north america, and whos relationships created a new culture blending french and indigenous cultures together into the Metis,
... of genocide.
Pretty sure Quebec would have to break apart in order to separate too